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| Public Act 095-0660 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by adding | ||||
Section 8-408 as follows: | ||||
(220 ILCS 5/8-408 new) | ||||
Sec. 8-408. Energy efficiency plans for small | ||||
multi-jurisdictional utilities. | ||||
(a) Any electric or gas public utility with fewer than | ||||
200,000 customers in Illinois on January 1, 2007 that offers | ||||
energy efficiency programs to its customers in a state adjacent | ||||
to Illinois may seek the approval of the Commission to offer | ||||
the same or comparable energy efficiency programs to its | ||||
customers in Illinois. For each program to be offered, the | ||||
utility shall submit to the Commission:
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(1) a description of the program;
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(2) a proposed implementation schedule and method;
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(3) the number of eligible participants;
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(4) the expected rate of participation per year;
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(5) the estimated annual peak demand and energy | ||||
savings; | ||||
(6) the budget or level of spending; and | ||||
(7) the rate impacts and average bill impacts, by | ||||
customer class, resulting from the program.
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The Commission shall approve each program demonstrated to | ||
be cost-effective. Programs for low-income customers shall be | ||
approved by the Commission even if they have not been | ||
demonstrated to be cost-effective if they are demonstrated to | ||
be reasonable. An order of the State agency that regulates the | ||
rates of the utility in the adjacent state that finds a program | ||
to be cost-effective or reasonable shall be sufficient to | ||
demonstrate that the program is cost-effective or reasonable | ||
for the utility's customers in Illinois. Approved programs may | ||
be delivered by the utility or by a contractor or agent of the | ||
utility.
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(b) Notwithstanding the provisions of Section 9-201, a | ||
public utility providing approved energy efficiency programs | ||
in the State shall be permitted to recover the reasonable costs | ||
of those programs through an automatic adjustment clause tariff | ||
filed with and approved by the Commission. Each year the | ||
Commission shall initiate a review to reconcile any amounts | ||
collected with the actual costs and to determine the adjustment | ||
to the annual tariff factor to match annual expenditures. The | ||
determination shall be made within 90 days after the date of | ||
initiation of the review.
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(c) The utility may request a waiver of one or more | ||
components of an approved energy efficiency program at any time | ||
in order to improve the program's effectiveness. The Commission | ||
may grant the waiver if good cause is shown by the utility. | ||
Notwithstanding the cessation of the programs, a utility shall
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file a final reconciliation of the amounts collected as | ||
compared to the actual costs and shall continue the resulting | ||
factor until any over-recovery or under-recovery approaches | ||
zero. | ||
(d) A public utility that offers approved energy efficiency | ||
programs in the State may do so
through at least December 31, | ||
2012. The Commission shall
monitor the performance of the | ||
energy efficiency programs and, on or before October 31,
2012, | ||
the Commission shall make a determination regarding whether
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programs should be continued beyond calendar year 2012. The | ||
Commission shall also file a written report with the General | ||
Assembly explaining the basis for that determination and | ||
detailing the results of the energy efficiency programs,
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including energy savings, participation numbers, and costs.
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Section 99. Effective date. This Act takes effect January | ||
1, 2008.
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